is one piece episode 39 filler?

Zoro battles against Hatchan. Despite Hatchan being unarmed, Zoro struggles against him as he is still injured from his duel against Mihawk and also only has one sword intact.

This distracts Sanji, allowing Kuroobi to strike him. As Zoro and Sanji would be unable to rescue Luffy in time, Genzo and Nojiko attempt to save him themselves.

They sneak into the base, dive into the pool and attempt to rescue him, but Genzo is unable to break the cement attached to Luffy's feet. Nojiko brings only his head above the surface so he may breathe and Genzo remains underwater to resuscitate him.