The TPM gathers various data about the system, including if any user process is running with access permissions that could tamper with memory space. It trusts the OS and drivers to do this because the entire stack is cryptographically verified from boot onwards. If the environment is one where an app could be spoofed, this will be included in the attestation request and the attest will fail.

You might be able to get around it by finding a zero day in the Windows kernel, but as soon as Microsoft discovers and patches it their attest server will stop providing attestations for devices until they install the OS update and reboot to reestablish a trust chain.