is bleach episode 40 filler?

's Zanpakutō snaps in two from Ichigo Kurosaki's final blow. Standing over a nearly unconscious Ichigo Kurosaki as he bleeds on the ground after being run through and torn open by his Zanpakutō, a grievously injured 11th Division Captain Kenpachi Zaraki watches a large amount of blood spurt from the deep chest wound inflicted upon him by Ichigo's Shikai, Zangetsu, and grins as he rests his Zanpakutō on his shoulder.

With the blade of his Zanpakutō snapping in two, Kenpachi questions Ichigo's apology to his friends and asserts that he won.