is one piece episode 40 filler?

Having an advantage underwater, Kuroobi battles Sanji in the pool. Restraining him with his hair, he beats Sanji with his Fish-Man Karate, preventing him from resurfacing.

He then grabs Sanji and dives underwater, causing the water pressure change to crush his body. Sanji then blows air into Kuroobi's gills, harming him and returning to the surface.

On land, Sanji gains an advantage over Kuroobi. Despite Kuroobi threatening to use his signature move, Sanji uses a series of rapid attacks against him before Mouton Shot, defeating him and sending him crashing through the building.