I have contacted Asus and they have figured out the problem. They said that the Intel tool
Intel® Trusted Execution Technology ACM; txt-bin
Release Name: Intel® Trusted Execution Technology ACM for Clarkdale and Arrandale Processors - Production Version 1.0
Kit 20739 (Description: Intel® Trusted Execution Technology ACM for Clarkdale and Arrandale Processors - Production Version 1.0, Posted: 10/23/2009 4:49:23 PM)
fixes the problem. Asus is unsure of the legallity of providing me with this Intel made program, so they will not send it to me. I have tried finding it on Intel's download site, I have contacted my sales rep and I have called support at Intel and no one has helped me get a hold of this Intel program/tool yet.
I am hoping that since my Asus board and Siim's Intel® board are having the EXACT same problem, some one at Intel will finally decide to look into this issue.
can I ask: why do you care if it passes this test?
Are you going to be using Txt?
This ACM modules won't help -- the board OEM should lock the TPM's NV index before shipping.
True, Intel ships some tools to do this with the BIOS kits for ACM modules, but these are references not end-user code.
You should be able to lock the nvram using a TSS stack, such as Troursers under Linux or the MSFT TPM management code.